§ 637 — Burden of proof, disposition and findings

New York § 637

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1-A: Modification of Disposition; Restoration of Parental Rights
• Art. 6: Permanent Termination of Parental Rights, Adoption, Guardianship and Custody

Text

§ 637. Burden of proof, disposition and findings. (a) The petitioner\nshall have the burden of proof by clear and convincing evidence that\nrestoration of parental rights is in the child's best interests, that\nthe requirements of section six hundred thirty-five of this part have\nbeen met and that all of the parties and the child have consented or, if\nthe petitioner in the proceeding in which guardianship and custody have\nbeen committed failed to consent to the relief requested, that such\nfailure was without good cause.\n (b) The court shall state on the record the reason or reasons for its\ndisposition of the petition. The court may make the following orders of\ndisposition:\n (i) The court may grant the petition, modify the order of disposition\npreviously entered in the termination of parental rights proceeding and\ntransfer guardianship and custody of the child to the birth parent or\nparents, provided, however, that the findings of fact rendered pursuant\nto section six hundred twenty-two of this article or subdivision four of\nsection three hundred eighty-four-b of the social services law that\nformed the basis for the adjudication terminating parental rights shall\nremain; or\n (ii) The court may dismiss the petition, in which case the commitment\nof guardianship and custody of the child to the authorized agency or\nindividual would continue and a permanency hearing would be required to\nbe held as scheduled in accordance with article ten-A of this act; or\n (iii) The court may grant the petition conditionally for a designated\nperiod of up to six months, during which time guardianship and custody\nof the child shall remain with the local social services district or\nauthorized agency while the child may visit with, or be placed on a\ntrial discharge with, the birth parent or parents. The court shall\ndirect the district or agency to supervise the child's birth parent or\nparents, develop a reunification plan and provide appropriate\ntransitional services to the child and birth parent or parents and\nreport to the parties, attorney for the child and the court not later\nthan thirty days prior to the expiration of the designated period. The\ncourt shall schedule the proceeding to be heard prior to the expiration\nof the designated period and shall determine whether to grant the\npetition permanently in accordance with paragraph (i) of this\nsubdivision or dismiss the petition in accordance with paragraph (ii) of\nthis subdivision. The court shall state its reasons for its\ndetermination. If the petition is permanently granted, the child's\ncustody and guardianship shall be transferred to the birth parent or\nparents. If the child has been removed from the custody of the birth\nparent or parents prior to the expiration of the designated period by\nreason of a report of suspected child abuse or maltreatment, the court\nshall schedule the proceeding to be heard on notice to the parties and\nattorney for the child, may terminate the trial discharge and may\ndismiss the petition in accordance with paragraph (ii) of this\nsubdivision.\n